Road trip woes

StrawHat said:
An odd thought, why not contact the States Attorney Generals Office in the states through which you are going to pass? Their advice should be solid.

Do you have an attorney with 2A experience on speed dial and on retainer?

Kevin
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Calling NY AG office would probably result in you being lied to.
 
Some good advice here! N.Y. N.J. and Ma are all bad. Leosa is a good idea but need to check in those states for sure. Don't believe Ma. honors any permits from other states. That figures!!
 
If you don't flaunt and/or use the gun, and you're not a drug mule hauling fentanyl up I95, you have nothing to worry about. Contrary to popular forum lore, brown shirts and jack boots are not the uniform of the day nord of the Mason Dixon. In fact, from what I see on Live PD, you have a better chance of being searched down south where all it takes is a dog stopping to take a leak while circling the car to constitute probable cause.
 
dockmurgw said:
If you don't flaunt and/or use the gun, and you're not a drug mule hauling fentanyl up I95, you have nothing to worry about....
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Unless you have an accident (which can result in just about anything formerly hidden to suddenly be in plain view), or any other incident resulting in an encounter with a LEO.
 
raljr1 said:
This is exactly what I was told by an attorney at US Law Shield. His advice, stop for gas and a meal before leaving PA and don't stop in NY or NJ unless you absolutely must.
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Stopping for fuel or food does not "negate" the federal law, as neither is your destination. Stopping at a hotel for the night, etc., would likely negate such protection, as it could be deemed the hotel was your destination. Prudence would be to avoid any stops.
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First, the US Law Shield advice is excellent.

Second, there's stopping and there's stopping. Stopping for fuel MIGHT be acceptable but stopping to eat will not be, not in NY and NJ. The authorities there don't much care what our legal opinions are. Clearly, stopping to sleep at a hotel or even someone's home negates the FOPA.

But if you're planning to use the FOPA as your defense in jurisdictions like NY and NJ just bear in mind that that defense comes after you've been arrested. :rolleyes:
 
Ivan the Butcher said:
You will have trouble in Maryland, N.J., N.Y., & Mass. You MAY have problems in Del,. Conn., & R.I.!

In New Jersey, Hollow point ammo is forbidden for self defense, that can cause as much trouble as the gun!

Ivan
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Good advice.
I hear Maryland is one of the worst. They often have troopers sitting along the roads scanning license plates and using a computer program that has a data base showing every CCW holder in the US. The program matches car license plates with CCW permit holders almost instantly. If a plate pops up belonging to a permit holder they will chase the car down immediately and search the vehicle, and be pretty nasty about it. MD may not be alone in this practice in the northeast.

I would not rely on any Federal transportation law to protect me from arrest in those states. The prosecutors are likely to ignore any law they don't like.
Even if they know they can't make the charges stick they get great satisfaction in dragging the accused through the courts process, incurring big legal fees, and other unpleasantness.
The PROCESS is the punishment, in the end, the way they see it.
One of the many reasons I will never set foot in any of those places.
 
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Missouri state law prevents the public dissemination of the CCW permit list. I'm sure other states have the same prohibition. Without proof, I call that which makes grass green and fragrant. It actually makes me sad that people propagate these baseless Internet rumors. What you describe is a flagrant violation of even the most basic search and seizure law. I am sad for you that you give your statement even the most minute basis in the truth . . .

smoothshooter said:
Good advice.
I hear Maryland is one of the worst. They often have troopers sitting along the roads scanning license plates and using a computer program that has a data base showing every CCW holder in the US. The program matches car license plates with CCW permit holders almost instantly. If a plate pops up belonging to a permit holder they will chase the car down immediately and search the vehicle, and be pretty nasty about it. MD may not be alone in this practice in the northeast.
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The post office has some handy (and free) self-sealing boxes for mailing things, or not mailing things. Some are just the right size.

Seems an addressed sealed box in your trunk (or wherever) would probably require some sort of warrant to open, if it even caught someone's eye at all. What's this? A box of nunya.

Now, DO NOT break the law. Keep it in the trunk and you should be covered by the federal law. Just one more layer of protection.
 
I am also not an attorney, but I will add one thought on this topic.

FOPA provides an affirmative defense at best. This means that you are more likely to avoid conviction, or have any conviction set aside on appeal. Of course, all of this happens after arrest, booking, arraignment, bail bond, and trial, perhaps by a year or two. The attorneys you will be paying for your defense will have a strong defensive argument on your behalf.

Winning the war is good. Losing the battles is not so good, and terribly expensive.

Much better to avoid any need to exercise an affirmative defense! Much better to avoid any need for defense lawyers, bail bondsmen, repeated trips to court appearances far from home!
 
Muss Muggins said:
Missouri state law prevents the public dissemination of the CCW permit list. I'm sure other states have the same prohibition. Without proof, I call that which makes grass green and fragrant. It actually makes me sad that people propagate these baseless Internet rumors. What you describe is a flagrant violation of even the most basic search and seizure law. I am sad for you that you give your statement even the most minute basis in the truth . . .
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You are right about the law in Missouri, but not about the practice.
A few years ago a career female state government employee electronically sent the state roster of all CCW holders to the FBI, and another alphabet agency or two. She may have worked in the Governor's office. When it was discovered what she had done, which was illegal, she claimed it was an honest mistake, and was not fired, prosecuted, identified by name, or punished in any way. Even though the governor was Jay Nixon (Republican), he was wanting to make friends with Washington Democrats, and it was rumored the secretary did it with his blessing so it all would not come back on him.
I know other states have the same prohibitions, but based on events over the last 15 years or so, do you trust your state, local, and federal government to follow the law?
If Missouri has done stuff like that you can bet other states are doing it too, maybe by other means.
 
I ran into this issue when I lived in the northeast (and on the move out). I relied on FOPA or just complied with state firearms laws if I had a use for a gun at my destination. If I didn't have a use for it (an actual use, like we're going to blast some clays or hunt or whatever) the gun would stay home. As another poster said, enjoy your vacation. If the gun issue is causing you stress, leave it behind, I think somehow you'll survive unarmed in Maine (which is, by the way, a wonderful if rather underrated state).
 
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